PCT AG-IP 6.041 Can the applicant be invited to correct defects in a priority claim?

Rule 26bis.2

6.041.   Can the applicant be invited to correct defects in a priority claim?  Where the receiving Office or, if the receiving Office fails to do so, the International Bureau, finds in relation to a priority claim that;

 

(i)  the international application has an international filing date which is later than the date on which the priority period expired and that no request for restoration of the right of priority has been submitted;

 

(ii)  the priority claim does not comply with the requirements of Rule 4.10 (see paragraph 5.057);  or

 

(iii)  any indication in a priority claim is not the same as the corresponding indication appearing in the priority document;

 

the receiving Office or the International Bureau, as the case may be, will invite the applicant to correct the priority claim.

Rule 26bis.2(a) 26bis.3

6.042.   Where the defect consists of the fact that the filing date of the international application is outside the priority period but is within two months from the date on which the priority period expired, the receiving Office also informs the applicant of the possibility of submitting a request for the restoration of the right of priority in accordance with Rule 26bis.3 (see paragraphs 5.062 to 5.069), except where the receiving Office has notified the International Bureau under Rule 26bis.3(j) of the incompatibility of Rule 26bis.3(a) to (i) with the national law applied by that Office.

Rule 26bis.2(c)

6.043.   If the applicant fails to respond to an invitation from the receiving Office or the International Bureau to correct a priority claim before the expiration of the time limit for doing so, that priority claim will, for the purposes of the procedure under the Treaty, be considered void and the receiving Office or the International Bureau, as the case may be, will so declare and inform the applicant accordingly.  However, a priority claim will not be considered void only because the indication of the number of the earlier application is missing, an indication in the priority claim is not the same as the corresponding indication appearing in the priority document, or the international application has an international filing date which is later than the date on which the priority period expired, provided that the international filing date is within two months of that date.

Rule 26bis.2(d)
26bis.2(e)

6.044.   Where the receiving Office or the International Bureau has made a declaration that a priority claim will be considered void, for the purposes of the procedure under the PCT, or where the priority claim has only not been considered void because Rule 26bis.2(c) applies (see last sentence of paragraph 6.043), the International Bureau will publish, together with the international application, information concerning the priority claim, as well as any information submitted by the applicant concerning such priority claim which is received by the International Bureau prior to the completion of the technical preparations for international publication.  Where the applicant wishes to correct or add a priority claim but the time limit to do so under Rule 26bis.1 has expired, the applicant may, prior to the expiration of 30 months from the priority date and subject to the payment of a special fee (see Section 113(c) of the Administrative Instructions), request the International Bureau to publish information concerning the matter.

Source: http://www.wipo.int/pct/en/appguide/text.jsp?page=ip06.html

Date retrieved: 02 November 2015

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PCT Implementing Rules

PCT Applicant's Guide - International Phase